Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Notices 2567 

8 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3 15 U.S.C. 78s(b)(3)(A)(ii). 

4 17 CFR 240.19b–4(f)(2). 

5Premium Products is defined in the ISE’s 

Schedule of Fees as the products enumerated 

therein. 

6The Market Vectors—Gold Miners ETF (‘‘GDX’’) 

is distributed by Van Eck Securities Corporation 

and tracks the Amex Gold Miners Index, which is 

published by the American Stock Exchange 

(‘‘Amex’’). The Amex Gold Miners Index is a 

trademark of the Amex and is licensed for use by 

Van Eck Associates Corporation (‘‘Van Eck’’) in 

connection with GDX. The Amex does not sponsor, 

endorse, or promote GDX and makes no 

representation regarding the advisability of 

investing in GDX. Van Eck has not licensed or 

authorized ISE to (i) engage in the creation, listing, 

provision of a market for trading, marketing, and 

promotion of options on GDX or (ii) to use and refer 

to any of their trademarks or service marks in 

connection with the listing, provision of a market 

for trading, marketing, and promotion of options on 

GDX or with making disclosures concerning options 

on GDX under any applicable federal or state laws, 

rules or regulations. Van Eck does not sponsor, 

endorse, or promote such activity by ISE, and is not 

affiliated in any manner with ISE. 

7The Merrill Lynch Telecom HOLDRSSM Trust 

(‘‘TTH’’) issues Depositary Receipts called Telecom 

HOLDRSSM representing undivided beneficial 

ownership in the U.S.-traded common stock of a 

group of specified companies that, among other 

things, are involved in various segments of the 

telecom industry. ‘‘HOLDRS’’ and ‘‘HOLding 

Company Depositary ReceiptS’’ are service marks of 

Merrill Lynch & Co., Inc. (‘‘Merrill Lynch’’). All 

other trademarks and service marks are the property 

of their respective owners. Merrill Lynch has not 

licensed or authorized ISE to (i) engage in the 

creation, listing, provision of a market for trading, 

marketing, and promotion of options on TTH or (ii) 

to use and refer to any of their trademarks or service 

marks in connection with the listing, provision of 

a market for trading, marketing, and promotion of 

options on TTH or with making disclosures 

concerning options on TTH under any applicable 

federal or state laws, rules or regulations. Merrill 

Lynch does not sponsor, endorse, or promote such 

activity by ISE, and is not affiliated in any manner 

with ISE. 

8 GDX and TTH constitute ‘‘Fund Shares,’’ as 

defined by ISE Rule 502(h). 

9These fees will be charged only to Exchange 

members. Under a pilot program that is set to expire 

on July 31, 2007, these fees will also be charged to 

Linkage Orders (as defined in ISE Rule 1900). See 

Securities Exchange Act Release No. 54204 (July 25, 

2006), 71 FR 43548 (August 1, 2006)(SR–ISE–2006–

38). 

10Public Customer Order is defined in Exchange 

Rule 100(a)(39) as an order for the account of a 

Public Customer. Public Customer is defined in 

Exchange Rule 100(a)(38) as a person that is not a 

broker or dealer in securities. 

11The Commission notes that the proposed 

execution and comparison fees for Public Customer 

Orders and Firm Proprietary Orders in the two new 

Premium Products will be the same respective 

amounts that are charged for other Premium 

Products. 

12The execution fee is currently between $.21 

and $.12 per contract side, depending on the 

Exchange Average Daily Volume, and the 

comparison fee is currently $.03 per contract side. 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml) or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–DTC–2006–19 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Nancy M. Morris, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number SR–DTC–2006–19. This file 

number should be included on the 

subject line if e-mail is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

Internet Web site (http://www.sec.gov/ 

rules/sro.shtml). The text of the 

proposed rule change is available at 

DTC, the Commission’s Public 

Reference Room, and http:// 

www.dtc.org. All comments received 

will be posted without change; the 

Commission does not edit personal 

identifying information from 

submissions. You should submit only 

information that you wish to make 

available publicly. All submissions 

should refer to File Number SR–DTC–

2006–19 and should be submitted on or 

before February 9, 2007. 

For the Commission by the Division of 

Market Regulation, pursuant to delegated 

authority.8

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E7–692 Filed 1–18–07; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–55089; File No. SR–ISE–

2006–80] 

Self-Regulatory Organizations; 

International Securities Exchange, 

LLC; Notice of Filing and Immediate 

Effectiveness of Proposed Rule 

Change Relating to Fee Changes 

January 11, 2007. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’),1 and Rule 19b–4 thereunder,2

notice is hereby given that on December 

26, 2006, the International Securities 

Exchange, LLC (‘‘ISE’’ or ‘‘Exchange’’) 

filed with the Securities and Exchange 

Commission (‘‘Commission’’) the 

proposed rule change as described in 

Items I, II, and III below, which Items 

have been substantially prepared by the 

ISE. The ISE has designated this 

proposal as one establishing or changing 

a due, fee, or other charge applicable 

only to a member under Section 

19(b)(3)(A)(ii) of the Act,3 and Rule 

19b–4(f)(2) thereunder,4 which renders 

the proposal effective upon filing with 

the Commission. The Commission is 

publishing this notice to solicit 

comments on the proposed rule change 

from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The ISE is proposing to amend its 

Schedule of Fees to establish fees for 

transactions in options on two Premium 

Products.5 The text of the proposed rule 

change is available at the Exchange, the 

Commission’s Public Reference Room, 

and at http://www.iseoptions.com. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

ISE included statements concerning the 

purpose of, and basis for, the proposed 

rule change and discussed any 

comments it received on the proposed 

rule change. The text of these statements 

may be examined at the places specified 

in Item IV below. The ISE has prepared 

summaries, set forth in Sections A, B, 

and C below, of the most significant 

aspects of such statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange is proposing to amend 

its Schedule of Fees to establish fees for 

transactions in options on the following 

two Premium Products: Market 

Vectors—Gold Miners ETF 6 (‘‘GDX’’) 

and Merrill Lynch Telecom HOLDRs 

Trust 7 (‘‘TTH’’).8 Specifically, the 

Exchange is proposing to adopt an 

execution fee and a comparison fee for 

all transactions in options on GDX and 

TTH.9 The amount of the execution fee 

and comparison fee for products 

covered by this filing shall be $0.15 and 

$0.03 per contract, respectively, for all 

Public Customer Orders 10 and Firm 

Proprietary orders.11 The amount of the 

execution fee and comparison fee for all 

ISE Market Maker transactions shall be 

equal to the execution fee and 

comparison fee currently charged by the 

Exchange for ISE Market Maker 

transactions in equity options.12 Finally, 

the amount of the execution fee and 

comparison fee for all non-ISE Market 

Maker transactions shall be $0.16 and 


sroberts on PROD1PC70 with NOTICES
2568 Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Notices 

13 15 U.S.C. 78f(b)(4). 

14 15 U.S.C. 78s(b)(3)(A)(ii). 

15 17 CFR 19b–4(f)(2). 16 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3 15 U.S.C. 78s(b)(3)(A). 

4 17 CFR 240.19b–4(f)(6). 

5See Securities Exchange Act Release No. 51808 

(June 9, 2005), 70 FR 37496 (June 29, 2005) 

(‘‘Regulation NMS Adopting Release’’). The 

Commission has approved proposed rule changes to 

establish Trade Reporting Facilities in conjunction 

with the National Stock Exchange, Inc. and the 

Boston Stock Exchange, Inc. See Securities 

Exchange Act Release Nos. 54715 (November 6, 

2006), 71 FR 66354 (November 14, 2006) (SR–

NASD–2006–108) (‘‘NASD/NSX TRF’’) and 54931 

(December 13, 2006), 71 FR 76409 (December 20, 

2006) (SR–NASD–2006–115) (‘‘NASD/BSE TRF’’). 

NASD intends to file a separate proposed rule 

change to align the transaction reporting rules for 

the NASD/NSX TRF and the NASD/BSE TRF, and 

any additional Trade Reporting Facilities approved 

by the Commission, with Regulation NMS. 

$0.03 per contract, respectively. All of 

the applicable fees covered by this filing 

are identical to fees charged by the 

Exchange for all other Premium 

Products. The Exchange believes the 

proposed rule change will further the 

Exchange’s goal of introducing new 

products to the marketplace that are 

competitively priced. 

2. Statutory Basis 

The basis under the Act for this 

proposed rule change is the requirement 

under Section 6(b)(4) 13 that an 

exchange have an equitable allocation of 

reasonable dues, fees and other charges 

among its members and other persons 

using its facilities. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The proposed rule change does not 

impose any burden on competition that 

is not necessary or appropriate in 

furtherance of the purposes of the Act. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants or Others 

The Exchange has not solicited, and 

does not intend to solicit, comments on 

this proposed rule change. The 

Exchange has not received any 

unsolicited written comments from 

members or other interested parties. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing rule change 

establishes or changes a due, fee, or 

other charge imposed by the Exchange, 

it has become effective pursuant to 

Section 19(b)(3)(A)(ii) of the Act 14 and 

Rule 19b–4(f)(2) 15 thereunder. At any 

time within 60 days of the filing of such 

proposed rule change, the Commission 

may summarily abrogate such rule 

change if it appears to the Commission 

that such action is necessary or 

appropriate in the public interest, for 

the protection of investors, or otherwise 

in furtherance of the purposes of the 

Act. 

VI. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

No. SR–ISE–2006–80 on the subject 

line. 

Paper Comments 

• Send paper comments in triplicate 

to Nancy M. Morris, Secretary, 

Securities and Exchange Commission, 

Station Place, 100 F Street, NE., 

Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR–ISE–2006–80. This file 

number should be included on the 

subject line if e-mail is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

Internet Web site (http://www.sec.gov/ 

rules/sro.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for inspection and copying in 

the Commission’s Public Reference 

Room. Copies of such filing also will be 

available for inspection and copying at 

the principal office of the ISE. 

All comments received will be posted 

without change; the Commission does 

not edit personal identifying 

information from submissions. You 

should submit only information that 

you wish to make available publicly. All 

submissions should refer to File 

Number SR–ISE–2006–80 and should be 

submitted on or before February 9, 2007. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.16

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E7–691 Filed 1–18–07; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–55101; File No. SR–NASD–

2007–002] 

Self-Regulatory Organizations; 

National Association of Securities 

Dealers, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change to Make Conforming 

Changes to the NASD/Nasdaq Trade 

Reporting Facility Rules Consistent 

With the New Requirements of 

Regulation NMS 

January 12, 2007. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’) 1 and Rule 19b–4 thereunder,2

notice is hereby given that on January 8, 

2007, the National Association of 

Securities Dealers, Inc. (‘‘NASD’’) filed 

with the Securities and Exchange 

Commission (‘‘Commission’’) the 

proposed rule change as described in 

Items I, II, and III below, which Items 

have been substantially prepared by 

NASD. NASD has filed the proposal 

pursuant to Section 19(b)(3)(A) of the 

Act 3 and Rule 19b–4(f)(6) thereunder,4

which renders the proposal effective 

upon filing with the Commission. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

NASD proposes to make conforming 

changes to the transaction reporting 

rules relating to the NASD/Nasdaq 

Trade Reporting Facility (‘‘NASD/ 

Nasdaq TRF’’) consistent with the new 

requirements of Regulation NMS under 

the Act.5 Below is the text of the 

proposed rule change. Proposed new 

language is italicized and proposed 

deletions are in [brackets]. 


sroberts on PROD1PC70 with NOTICES